This application is preferred under Section 439 of the Code of Criminal Procedure for regular bail in connection with CR No. I - 50 of 2010 registered with Meghaninagar Police Station for the offences punishable under Sections 302, 114 and 203 of the Indian Penal Code and Section 135(1) of the Bombay Police Act.
Mr.
Halani, learned advocate for the applicants submitted that the applicants are the innocent persons and they have been falsely implicated in the commission of offence as reflected in the FIR. The applicants have not participated in the commission of the offence nor played any overt act in the commission of the offence. They have been implicated on the basis of statements made by two lady witnesses before the police that both the applicants were seen by them with the deceased. There is no recovery or discovery made by the Investigating Officer from the present applicants. There is no prima facie case against the applicants. Considering the prayer as set out in the application, the applicants be enlarged on bail.
Learned APP Mr. Parikh appearing on behalf of the State, while opposing the bail application, submitted that the applicants are involved in the serious offence punishable under Sections 302, 114 and 203 of the Indian Penal Code and Section 135(1) of the Bombay Police Act. Considering the role attributed to the applicants and the nature of the offence, no discretionary relief be granted to the applicants and the application be dismissed.
I have heard the learned counsel for the applicant and learned APP for the respondent - State at length and in great detail. I have considered the role attributed to the applicants which is reflected in the FIR at Annexure A as well as police papers. The applicants have not participated in the commission of the offence or played any overt act. Even there is no any prima facie evidence, which links the applicants in the commission of offence. Now, at this stage of bail, the Court is not inclined to enter into the merits of the case. Considering the peculiar facts and circumstances of the case, the applicants deserve to be enlarged on bail. However, stringent terms and conditions are required to be imposed on the applicants while releasing them on bail.
In the facts and circumstances of the case, the application is allowed and the applicants are ordered to be enlarged on bail in connection with C.R. No. I - 50 of 2010 registered with Meghaninagar Police Station on executing a bond of Rs.10,000/- [Rupees ten thousand only] each with one surety of the like amount to the satisfaction of the trial court and subject to the conditions that they shall:
[a] not take undue advantage of their liberty or abuse their liberty;
[b] not act in a manner injurious to the interest of the prosecution;
[c] surrender their passport, if any, to the lower court within a week;
[d] not leave the State of Gujarat without the prior permission of the Sessions Court concerned;
[e] furnish the present address of their residence to the I.O. and also to the Court at the time of execution of the bond and shall not change their residence without prior permission of this Court;
[f] maintain law and order.
If breach of any of the above conditions is committed, the Sessions Judge concerned will be free to issue warrant or to take appropriate action in the matter.
Bail bond to be executed before the lower Court having jurisdiction to try the case.
At the trial, the trial Court shall not be influenced by the observations of preliminary nature, qua the evidence at this stage, made by this Court while enlarging the applicants on bail.
Rule is made absolute to the aforesaid extent.
Direct Service is permitted.
(Z.K.
SAIYED, J.) ynvyas Top